Federal & State Regulations | Workers’ compensation - Georgia

Summary of differences between federal and state regulations

There is no federal workers’ compensation requirement for most private employers.

Insurance requirement: Self-insurance by private carrier, individual employer, or groups of employers

Exemptions from WC: Employers with fewer than three employees. Employers are permitted elective coverage for farm laborers.

Medical benefits provided: Full

Physician selection: Employee may make selection of initial physician from list maintained by employer.

Benefits for temporary total disability (TTD): 66 2/3 percent of worker’s wage for up to 400 weeks. Maximum weekly benefit in catastrophic cases shall be paid until such time as employee undergoes a change in condition for the better.

Benefits for permanent total disability (PTD): 66 2/3 percent of worker’s wage for duration of disability

Benefits for permanent partial disability (PPD): 66 2/3 percent of worker’s wage for duration of disability.

Scheduled awards: Paid in addition to and upon termination of temporary total disability benefits. Awards are not reduced because of receipt of TTD benefits.

Disfigurement benefits: None.

Death benefits for surviving spouse and children: 66 2/3 percent of employee’s wage for 400 weeks or until age 65 for a dependent spouse and a partial dependent, whichever is greater. Total maximum of $270,000 applies to surviving spouse who is sole dependent at time of death, and where there are no other dependents for 1 year or less. Children receive benefits beyond 18 if physically or mentally disabled, or until age 22 if full-time students.

Maximum burial allowance: $7,500

Waiting period: 7 days. Compensation is retroactive if disability continues for 21 consecutive days from date of injury.

Rehabilitation: Both vocational rehabilitation (VR) and physical rehabilitation (PR) are covered. Employer must cover VR cost plus board, lodging, and travel for maximum of 26 weeks. Board may extend time maximum. Employees must accept both PR and VR or their compensation may be reduced or suspended. Employees receive TTD benefits plus board, lodging, and travel during VR.

Attorney fees: 25 percent, statute, determined by agency

Occupational hearing loss statutes: Employee has 1 year to file for compensation. Benefits for one ear are $31,875, both are $63,750. There is a deduction for preexisting loss. There is a 6 month waiting period.

Workers' Compensation Premium Reduction Act
The Georgia Workers' Compensation Premium Reduction Act is a voluntary law that provides a 7.5 percent discount on workers' compensation premiums to employers who have implemented a certified drug-free workplace program. The program must include the following:

a written policy statement;
substance abuse testing;
resources of employee assistance providers;
one hour of employee education; and
two hours of supervisory training annually.

To qualify for the discount, employers must conduct pre-employment, reasonable suspicion, fitness for duty, follow-up, and post accident testing. Random testing is permitted but not required under this Act. Annual certification is required. Length of premium discount is not to exceed 8 years.

Disqualification for drug or alcohol use
Georgia workers' compensation law provides that an employee may be disqualified from receiving benefits if his or her injury or death is due to intoxication or the use of controlled substances. An alcohol test taken within three hours of the accident with the result of a 0.08 blood alcohol level or greater, or a positive drug test conducted within eight hours of an accident, creates a rebuttable presumption that the injury was caused by the use of alcohol or drugs, respectively. A refusal to submit to a test also creates a rebuttable presumption of impairment.

Forms – http://sbwc.georgia.gov/forms?vgnextoid=715934a359b45210VgnVCM100000bf01020aRCRD

What’s new – http://sbwc.georgia.gov/